Psystar gains a small win from judge in case with Apple

The latest order from Judge Alsup allows Psystar to pursue two of its four …

Unlicensed Mac clone maker Psystar had its original counterclaims against the lawsuit brought by Apple dismissed by US District Judge William Alsup in November of 2008. Psystar sought to file amended counterclaims against Apple, including copyright misuse from both the Mac OS X EULA and Apple's claims of DMCA violations, as well as violations of California's unfair competition laws. Now, Judge Alsup granted Psystar leave to file copyright misuse counterclaims, but denied counterclaims based on California Section 17200.

Apple naturally opposed Psystar's motion for leave to file these amended counterclaims. However, Judge Alsup found Apple's claim that copyright misuse can only be used as a defense, and not the basis of a counterclaim, didn't quite pass legal muster. He therefore gave the go-ahead so Psystar could file counterclaims based on copyright misuse. On the other hand, since the Section 17200 unfair competition law deals primarily with action that "threatens an incipient violation of antitrust law[s], or violates the policy or spirit of one of those laws," Judge Alsup found that Psystar's claim that Apple's copyright misuse is unfair "fails to explain, however, how this conduct constitutes harm to competition or a violation of the spirit of the antitrust laws."

Both parties still have an appointment at the end of the month to sit down with a court-ordered mediator over the issues at stake. However, Judge Alsup noted that Psystar has until Friday of this week to file its counterclaims and gave Apple another 20 days to file its answer. He also warned, "No more motion practice shall be allowed on the pleadings without leave of the Court. Both sides should be taking discovery and preparing themselves for trial and/or summary judgment."